Family of mother of five who died from cancer settle action against GP

Michelle Fitzpatrick Farrell , it was claimed had attended her GP on various occasions and allegedly was not physically examined or referred for a smear test until later.

GP Ciaran Regan had denied the claims and contended the woman had allegedly refused to submit to the recommended tests and referral and had refused to attend for a smear test appointment and also allegedly refused attempts to book her at later smear clinics in the practice.

When the woman did have a smear test in October 2008, abnormalities were detected and a tumour later found.

The woman was told in November 2009, she could only be referred for pallitative care and she died on March 6, 2010.

Robert Farrell who was the long term partner of Michelle Fitzpatrick Farrell , Shevlin Court, Strokestown, Co Roscommon had sued GP Ciaran Regan who practises at the Health Centre, Strokestown, Co Roscommon over the alleged wrongful death of his partner.

Ms Fitzpatrick Farrell was a patient of Dr Regan since June 2000. She had her fifth child on March 15, 2007 and suffered an ongoing vaginal discharge which was heavy and foul smelling.

It is claimed this caused Ms Fitzpatrick Farrell significant distress and she allegedly consulted with Dr Regan seeking medical advice on her ongoing gynaecological difficulties on different dates between March 2007 and October 2008.

She was allegedly treated on occasions with antibiotics for pelvic infection without it is claimed being subjected to any physical examination. It was claimed there were further visits with the GP and in May 2008 she was to be booked for a smear test and swabs.

On September 4 2008 the mother completed a women’s health clinic questionnaire at the behest of GP's medical practice.

It was claimed she relayed the information she had been passing jelly like clots for the last eighteen months and was concerned. It was alleged she had been given a smear test appointment for later in September which it was claimed was cancelled .

It was further claimed that despite repeat attendances at the medical practice she was not physically examined or subjected to a smear test or swab taking and it was only on October 15, 2008 when she attended a locum GP in the practice the seriousness of the her gynaecological difficulties were allegedly finally acknowledged and a diagnostic smear test arranged.

The smear test showed up abnormalities and the woman was referred for an urgent colposcopy but a tumour was later found.

The mother of five was not deemed a candidate for surgery and underwent chemotherapy and radiotherapy . Ms Fitzpatrick Farrell was notified on November 6, 2009 she could only be offered palliative care and she died on March 6, 2010.

It was claimed there was an alleged failure to investigate and treat the woman's condition and her symptoms by way of physical examination and otherwise between March 22, 2007 and October 15, 2008.

Dr Regan denied all the claims and contended Ms Fitzpatrick Farrell had re-attended at his surgery on March 10 2008 and was referred to physiotherapist for pelvic floor exercises and was also advised to accept a referral to a gynaecology department.

When the mother re-attended at the surgery at the end of March, it was claimed Dr Regan renewed his request for gynaecology referral and he claimed the woman refused to submit to recommended tests and and referral.

It was further alleged the doctor attempted to persuade the woman to address her gynaecological health by undergoing a cervical smear test or by accepting a referral to a gynaecological department. It was claimed she was booked for the practice smear clinic but she allegedly refused to attend for the June appointment and allegedly refused attempts to book her in to the July clinics.

Counsel for Robert Farrell Sarah Moorehead SC told the court there was a significant factual dispute in the case.

Approving the settlement Mr Justice Kevin Cross sympathised with the family on their loss.